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2026 DAILYLAW 75112 (MAD)

D.RAVISANKARA GURUKKAL v. THE DISTRICT COLLECTOR

WP/25312/2023 · 2026-01-23

C Kumarappan, S M Subramaniam

Transfer Petitionbody2026

Judgment text

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WP No. 25312 of 2023 1 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-01-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN WP No. 25312 of 2023 D.Ravisankara Gurukkal S/o.Duraiappa Gurukkal, Hereditary Trustee, Srikailasanaadhaswami Temple, No.9, Sivan Koil Street, Ariyalur- 621 704. ..Petitioner(s) Vs 1. The District Collector Ariyalur. 2. The Tahsildar Ariyalur. 3. Revenue Inspector Ariyalur. 4. Thiyagarajan S/o.Marudhamuthu, Veerabadhirasamy Koil Street, Ariyalur. 5. Valarmathi W/o.Kalaiarasan, Veerabadhirasamy Koil Street, Ariyalur. 6. Poiyamozhi S/o.Azhagappan, Poonusamy Aranmanai Street, Ariyalur. ..Respondent(s) Directing the respondents 2 and 3 to remove unauthorised encroachments made by respondents 4 to 6 in S.No. 555/ 453, Sri Kailasanadharswami Temple, Ariyalur (South), Village Ariyalur District, pursuant to the proceedings in O.M /2473/ 2023 /A1 dt.25.04.2023 issued by https://www.mhc.tn.gov.in/judis WP No. 25312 of 2023 2 the 2nd respondent For Petitioner(s): Mr.R.Subramanian For Respondent(s): Mr.T.Arun Kumar, Agp For Rr1 To 3. No Appearance For R4. R5 - Not Ready In Notice. Mr.M.Thamizhavel For R6. ORDER (Order of the Court was made by C.Kumarappan J.) The present writ petition has been filed by the hereditary trustee, Sri Kailasanadharswami Temple, Ariyalur (South). 2. Admittedly, the Temple is a private Temple. Even according to the averment made in the writ affidavit, the respondents 4 to 6 made an encroachment in respect of the temple property. Therefore, the very narration in the affdavit would show that there is no government involvement in the present writ petition. Thus, the very maintainability of the writ petition is in question. Private Temple will not come under the definition of State. Hence, we do not find any merit in the writ petition and the writ petition stands dismissed. However, the petitioner is at liberty to proceed against the encroachment, if he is so advised, before the Civil Court. No costs. (S.M.S.,J.) (C.K.,J.) 23-01-2026 Index: Yes/No Neutral Citation: Yes/No VSI https://www.mhc.tn.gov.in/judis WP No. 25312 of 2023 3 To 1. The District Collector Ariyalur. 2. The Tahsildar Ariyalur. 3. Revenue Inspector Ariyalur. 4. Thiyagarajan S/o.Marudhamuthu, Veerabadhirasamy Koil Street, Ariyalur. 5. Valarmathi W/o.Kalaiarasan, Veerabadhirasamy Koil Street, Ariyalur. 6. Poiyamozhi S/o.Azhagappan, Poonusamy Aranmanai Street, Ariyalur. https://www.mhc.tn.gov.in/judis WP No. 25312 of 2023 4 S.M.SUBRAMANIAM, J. AND C.KUMARAPPAN, J. VSI WP No. 25312 of 2023 23-01-2026 https://www.mhc.tn.gov.in/judis WP No. 25312 of 2023 5 To 7. https://www.mhc.tn.gov.in/judis